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House or Land, void by the De

no Acceffories in that Crime. See cease of the former Posseffor, be more in Staunford's Pleas of the fore his Heir enters upon the same. Crown. Old Nat. Brev. 115.

abeyance, is supposed to come from 3bbzochment, is derived from the a French Word, fignifying to gape Latin, and signifies a Forestal

after, or to expect. It is a fix'd ling of a Market or Fair, by buy Principle of Law, that there is ing up the Wares, before pub a Fee-simple of all Land in some lickly exposed to Sale, and after Person, or else it is in Abeyance ; wards retailing them.

that is to say, tho' at present it 2bbuttals, (from a French Word

appears to be in no Man, yet, in signifying to limit or bound) are

Expectancy, it is belonging to him the Buttings and Boundings of who is next to enjoy the Land. Co. Land, Thewing on what other

Lit. 341. c. Discontin. If a PerLands, Rivers, &c. it doth abut

son makes a Lease for Life, the or bound. The Sides the

Remainder to the right Heirs of Breadth of Lands, are properly A. B. in that Case the Fee-simple term'd, lying or bordering, and the is in Abeyance until the Death of A. Ends in Length, abutting or bound B. when, and not before, his Heir ing

has a good Remainder, and the 3bdicate, from the Latin, fignify Fee-simple then ceases to be in A

ing to renounce or refuse a Thing. beyance. Termes de la Ley 6. Termes de la Ley.

Where a Person is presented by a abdication, (from the Latin) is a Patron of a Church, the Fee of

voluntary Act of Renunciation, the Lands, &*c. pertaining to the or refusing of a Thing; a Term, Rectory is in the Parson : But if that seems now a days chiefly he die, and the Church become adapted to the Case of an unfor void, then the Fee of those Lands tunate Prince, not long ago among is in Abeyance, until another Par

son is presented, admitted and inbet, (from a Saxon Verb) in our ducted ; seeing that the Patron Law fignifies to encourage or set hath not the Fee, but only a Right

Abetment, the Substantive, to present, the Fee being in the is used in the like Sense. Staund. Incumbent that is presented. Termes Pl. Cr. 105. An Abettor is the de la Ley 6. Instigator or Setter on; that is to bilhering is understood to be quit say, he that promotes or procures of Amerciaments. Termes de la a Crime to be committed. Old Ley 7. Nat. Brev. 21. Abettors of Mur- abjuration, (from the Latin) is der are such as command, pro à Forswearing or Renouncing, cure, or counsel others to commit and fignifies a sworn Banishment, it ; and in some Cases those Abet or an Oath taken to forsake the tors will be taken as Principals, Realm for ever. Staundf. Pl. Cr. tho' in others only as Accessaries, lib. 2. c. 40. This Word has altheir Presence or Absence at the so another Signification, extending Time of committing the Fact ma to the Person of the Pretender, so king the Difference. Co. Lit. 475. called in this Kingdom; for by See Accesories. There are also i W. & M. 13 W. 3. i Geo. 1. Abbettors in Treason, but always &c. all Persons by Oath are to accounted Principals, there being abjure the pretended Prince of

W'ales ;

US.

on.

Wales; and such as refuse to take where one has received, or fears that Oath are liable to divers Pe false Judgment in a Hundred

nalties and Forfeitures. See Oaths. Court, or Court-Baron. It is bridge, (from the French) figni issued out of Chancery, and di

fying to contract or make shorter rected to the Sheriff, but returnable in Words, yet still to retain the in the King's Bench, or Common Substance : But in the Common Pleas, and is near the Nature of Law it is more particularly applied the Writ of False Judgment, which to the making of a Declaration or lies for him that has received such Count shorter, by subftracting or in the County-Court. This Writ taking away some of the Substance lies as well for Justice delayed, as from it. As for Instance, a Man false Judgment given, and is of the is said to abridge his Plaint in AF Nature of a Recordare, seeing that fiz, or a Woman her Demand, in the Sherift is obliged to make Rean Action of Dower, if any Land cord of the Suit in the inferior is put into the Plaint or Demand, Court, and certify it into the which is not in the Tenure of the King's Court. Reg. Orig. 9. 56. Tenant or Defendant; seeing that, F. N. B. 18. Dyer 169. fhould the Defendant plead Non- Accedas ad vicecomitém, is a tenure, Joint-tenancy, &c. in A Wsit directed to the Coroner, batement of the Writ, the Deman. commanding him to deliver a Writ dant may abridge his Plaint, by to the Sheriff, who having a Pone leaving out those Lands, and pray delivered, suppresses it. Reg. Orig. that the Tenant may answer to the 83. ref, to which he hath not yet Acceptance, is the taking and repleaded ; and the Cause of this is, ceiving in good Part, and as it for that the Certainty is not set were tacitly agreeing to some Aa down, but runs in general in before done by another, which fuch Writs : And tho' the Deman might have been altogether avoidant hath abridg'd his Plaint in ded by the Person accepting, in part, yet the Writ remains good case the Acceptance had not been : Atill as to the rest. Bro. Abridg. As for Example, If a Husband and Anno 21 H. 8. c. 3.

Wife seised of Lands in Right of 3 bridgment. See à bridge. his Wife, join in making a Lease brogate, ( from the Latin to dif or Feoffment, reserving Rent, and

annul or take away; for Ex che Husband dies ; after which the ample, to abrogate a Law, is to Widow receives or accepts the set aside or repeal it. 5&6 Ed. 6. Rent: By this the Lease or Feoffc. 3.

ment is confirmed, and shall bar her 3rque hoc, are Words, which be from bringing a Cui in vita. Co.

fore the late Alteration in the Lit. 211. If a Tenant for Life Proceedings in the Law (requiring grants a Lease for Years, not warall Processes and Pleadings to be in ranted by the Statute 32 H. 8. English) were made Use of in a and dies, if the Issue

accepts

the Traverse ; as where the Defendant Rent reserved by that Lease, such pleads, that such a Thing was Acceptance will bind him. 3 Leon. done at C. Absque hoc, that is to Cafe 36. If an Infant accepts of fay, without that, it was done at Rent at his full Age, it makes the D. Med. Ca. 103.

Lease good, and Thall bind him. Jaedas ad curiam, is a Writ If a Lellor accepts from his Te

B 2

nant

nant or Lestee the last Rent dué; and gives him a Discharge for the fame, a? Rent in Arrear is by Law presumed to be satisfied. Co. Lit. 373. Acceptance of the Rent that becomes next due after what is in Arrear, bars the Leffor from entring for a Condition broken, on account of Non-payment of the Rent reserved in the Lease, because the Leffor thereby affirms the Lease to have Continuance. Co. Lit. 211. A Distress made for Rent likewise affirms the Continuance

of the Lease. Uccellozy or acceflary, at Com

mon Law, is where a Person is
guilty of some felonious Offence,
tho' not principally concerned, but
is a Partaker in the Crime, as by
commanding, advising, concealing,
& C. A Man may be accessory to
an Offence .cwo Ways, viz. before
the Fast, or after it. An Accesory
before the fact, is he that com-
mands another to commit Felony,
and is not present at the Time it is
doing; for his Presence makes him
a Principal: And therefore there
cannot be an Accessory before the
Fact in Manslaughter; for this Rea.
fon, that Manslaughter is sudden,
and not premeditated. Co. Lit. fol.
44. An Accessory after the Fact,
is one that receives, aslifts, or com-
forts another, whom he knows to
have committed Felony or Mur-
der. He that counsels or com-
mands an Evil, shall be judged
acceffory to all the Consequences
that attend it, but not to another
distinct Thing : As for Instance,
in case a Person commands another
to beat a third Person, and the
Commanded beats him, so that he
dies, the Person commanding shall
be accessory to the Murder : But it
is otherwise in the Case, where a
Person orders another to steal a
White Horse, and he steals a Black

one ; or to burn such a House, well known to the Commanded, and he burns another. In these two Cases the Commander shall not be deemed an Accessory. Where the Principal is pardoned, or has his Clergy, the Accesory cannot be arraigud; it being a Maxim in our Law, that where there is no Principal, there can be no Accessory: And why? Because it does not appear by the Judgment of Law, that there was a Principal : Yet if the Principal after Attainder be pardoned, in that Case the Accesory may be arraign'd. 4 Rep. 43. By the Statute i Ann. r.

9. where the Principal is convicted of Felony, stands mute, or challenges above twenty of the Jury, the Acceffory is liable to be proceeded againit in the fame Manner, as if the Principal had been attainted ; notwithstanding such Principal Thall be allowed his Clergy, pardoned, or delivered before Attainder. And by the fame Statute, it the Principal cannot be taken, the Accessory may be prosecuted for a Mildemeanor, and punished by Fine, Imprisonment, Ga. See likewise Stat. 5 Ann. c. 31. In the lowest Offences, such as Riots, forcible Entries, and other the like Transgreflions by Force and Arms, as well as in the highett, viz. Treafon, there are no Accelories; for all are Principals. Accelsory by Statute, is be that abets, counsels, or conceals the committing, or the having committed of Felony, made so by Act of Parliament ; for tho' the Act makes no Mention of Abettors, yet by Interpretation they become included. See Staundf. Pl. Car. lib. 1. c. 45, 46, 47, 48. There is likewise an Accessory of an Accessory ; that is to fay, he that wittingly receives an Acceflory to a Felony: But a Wo

man receiving or afsifting her Huf almoft gone into Difuse, there be: band, who is an Acceffory, shall ing no Damages given by it; for

not be deemed one ; tho'che Huf the Judgment is only that he do . band in the like Case receiving his accompt, on which the Defendant Wife, will be deemed Acceffary. becomes liable to be taken on a

H. P. Cor. 218. 3.Inft. 108. If Capias ad computandum, (that is to . a Man counsels a Woman to mur fay) take to Accompt. There are

der the Child she is pregnant with, two Judgments on this Writ; as and the Woman murders it after it where the Defendant cannot avoid is born, such Man is accessory to the Suit by Plea, Judgment is first that Murder, by his counselling given, That he do accompt, which before the Birth of the Infant, and having done before the Auditors, not countermanding it. Dyer the second Judgment is entered, 186.

viz. That the plaintif pall recoccompts, is a Writ or Action ver of the Defendant

so much as that lies against a Perfon, who, by is found in Arrears. 1 Rep. Reason of Office or Business under 40. The Process on this Action taken, is to render an Accompt to is, Summons, Pons, and Distress ; another, but refuses to do it; as a and upon a Nibil, viz. Nothing Bailiff or Receiver to a Lord or o returned, the Plaintiff may prothers. See Eitz. Nat. Brev. fol. ceed to Outlawry. The Statute of 116. By the Statute of Westm. 2. Limitations, 21 Jac. 1. does not If an Accomptant be found in Ar debar a Merchant from bringing rear, the Auditors assigned are em Action of Accompt for Merchandize, powered to award him to Prifon, at any Time; yet all other Actions there to remain till Agreement be of Accompt are within that Stamade with the Party : But if the

tute. Accomptant be not allowed his rea- | accord, (from the French) is an fonable Expences and Cotts, or be Agreement between two or more, charged with more Receipts than where any one is injur'd by Trefhe ought, he may, by his next pass, or other Offence committed, Friend, fue out a Writ of Ex par to make Satisfaction or Recomte talis (that is to say) on the Part pence to the Person injured, who or Behalf of fucb a One, directed after the Accord performed, is ento the Sheriff to take four Main tirely barred in Law from any new pernors, to bring his Body before Action against the Agreffor for the the Barons of Exchequer at a cer same Trespass. Termes de la Ley tain Day, and to warn the Lord 14. Accord executed is pleadable in or Master to appear there the Bar; but executory is not. i Mod. fame Day. If a Person, thonei 69. In Pleading, it is safest to alther appointed Bailiff nor Receiver, ledge Satisfaction, and not Accord receives Money for another's Use, alone; if it be chiefly pleaded by an Action of Accompt lies against Way of Accord, a precise Execuhim : Also, where a Man delivers tion in every part thereof must be Money to be delivered over to a pleaded : But if Satisfaction be third Person, the Receiver thereof pleaded, the Defendant need only will be liable to account. The to alledge, that he paid the Plainufual Pleas in this Action are, that tiff such a Sum, &c. in full Satisbe never was Receiver; that be bath faction of the Accord, which he fully accounted. This Action is now received. 9 Rep. 80. When no

certain

cettain Duty is created by Deed, enjoined to be inserted in Wrius but the Action is for Wrong or

where special Bail is required : Default, &c. for which Damages But it ought not to be inserted, are recoverable, there an Accord where the

Action is against a Peer, with Satisfaction is a good Plea: or upon a Penal Statute, or aBut where a Duty accrues by gainst an Executor or AdministraDeed, as by Bill, Bond, or Co tor, or for any Debt under 101. venant, for Payment of Money, nor in any Action of Account, Cothat Duty arising by Deed, ought venant, & c. unless the Damages to be discharged by Matter of as are rol. or more. Nor in Tres

high a Nature. 6 Rep. 43. pass, Battery, Wounding or Imaccroche (from the French ) fig. prisonment, except there be an

nifying to fix Hook or Graple Order of Court for it, or a Warunto: In the the Statute 25 Ed. 3. rant under the Hand of one of the c. 8. this Word fignifies as much Judges of the Court, from whence as to encroach, and is there used the Writ is issued. i Lill. Abr. 13. to that Purpose.

Achat (from the French) is said to 3ccusation from the Latin ) fig. fignify a Contract or Bargain,

nifies to charge a Person with Brook, Tit. Contract; from whence fome Crime. By Magna Charta, it is supposed, that Purveyors in viz. 9 H. 3. no Man Thall be im 36 Ed. 3. were called Achators, prisoned or condemned on any Ac because of their frequent making cufation, without Trial by his Peers

of Bargains. or the Law of the Land. By 25 acknowledgment Mooney, is what and 28 Ed. 3. None shall be is paid in some parts of England vexed upon any Acculation, but by Tenants, on the Death of their according to the Law of the Land: Lord or Landlord, as an AcAnd no Man may be molested by knowledgment to the new one ; a Petition to the King, unless it and is paid in such Manner as be by Indictment or Presentment Money usually is on the Attornof lawful Men, or by Process at ment of Tenants. Common Law. By 38 Ed. 3. acquietantia de Shiris a buns Promoters of Suggestions are to dzedis, is to be free from Suits find Surety to pursue them, and and Services in Shires and Hunnot making the same good, are to dreds. fatisfy Damages to the accused 3cquietandis Plegiis, is a Writ Party, and to pay a Fine to the of Justicies which lies for a SureKing. By 5 & 6 Ed. 6. there ty against a Creditor, who refuses must be two lawful Accusers in to acquit the Debtor after the Treason. None is obliged to an. Debt is paid. Reg. of Writs 158. swer on Oath to a Matter where-acquittal (both from the French by he may accufe himself of a and Latin) to free or discharge, Crime. 2 Mod. Rep. 278.

fignifies in Law, to be free from cephalí, fo called in the Laws Entries and Molestations of a su

of Hen. 1. they being the Level perior Lord, on account of Servilers of that Age, and acknowledg ces issuing out of Lands held. In ing no Head or Superior.

a general Sense it fignifies a Deac etiam, is a short Clause of a liverance, or setting free from the

Writ, where the Action requires Suspicion of Guilt; as one that is good Bail; and is by 13 C. 2. 6. 2, discharged of Felony, is said to

be

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